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Home > Law > Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

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Employee or Independent Contractor? There can be a fine line between these two distinctions, and sometimes the smallest of business practices can put your most obvious contractors in the Employee category. Laura, an experienced employment law attorney, will discuss the do’s and don’ts to classify your process servers independent contractors not employees. Many state Departments of Labor are targeting our profession as of late. She will talk about how you can handle these audits to confirm compliance with the Fair Labor Standards Act. Watch all the PACES 2014 educational sessions for only $25: http://psaco.org/calendar/paces-conference/

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fees payroll taxes overtime

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21

The Independent Contractor Trap

Transcript

Page 1: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

The Independent

Contractor Trap

Page 2: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

WHY?You are listening to a lawyer talk in front of a screen.

Page 3: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Page 4: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Penalties• IRS:–$5,000 per violation–Treble damages for “wilful violations”

• Colorado:–$5,000 per willfully misclassified (first

time)

–$25,000 for each subsequent offense

Page 5: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

WHY?You might take a risk.

Page 6: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Page 7: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Fees•Payroll taxes•Overtime pay•Benefits•Minimum wage•Legal fees

Page 8: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Page 9: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

FAIR LABOR STANDARDS ACT TEST

Page 10: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

IRS TEST

Page 11: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

UNEMPLOYMENT COMPENSATION

Page 12: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

OTHER TESTS

Page 13: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Sum it up• Behavioral control• Financial control• Type of relationship

Page 14: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

WHAT DO YOU DO?

Page 15: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Page 16: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Business Documents

Page 17: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

I-9 AUDIT

Page 18: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

INSURANCE

Page 19: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

FILES, RECORDKEEPING + DESTRUCTION

Page 20: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

POSTERS

Page 21: Employee Or Independent Contractors: Who Is What And Why Do I Care? - Laura Hazen, Esq., H & K Law

Questions?

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